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HomeMy WebLinkAboutAce Rain Systems Inc; 2014-07-24; PWL14-27PEMPWL14-27PEM CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT HEAD START BUILDING RAIN GUTTER PROJECT This letter will serve as an agreement between Ace Rain Systems, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install rain gutters, spouts and leaf screens at the Library Learning Center Head Start modular building, per the Contractor's proposal dated November 4, 2013 and City specifications, for a sum not to exceed two thousand four hundred eighty dollars ($2,480). This work is to be completed within thirty (30) calendar days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers and employees, from all claims, loss, damage, Injury and liability of every kind, nature and description, directly or Indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations Including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense Include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability Insurance, automobile liability Insurance and a combined policy of workers compensation and employers liability In an insurable amount of not less than five hundred thousand dollars ($500,000) each, unless a lower amount Is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as a co-Insured or additional insured. Insurance Is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance In the State of California by the Insurance Commissioner. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4, California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in tiiis Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. fAtA/^ Init init 6. The Contractor hereby acknowledges that debarment by another jurisdiction Is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. f^TA/y init Itvu} Init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Dlego County, California. /// /// HEAD START BUILDING RAIN GUTTER PROJECT - 1 - City Attorney Approved 6/18/13 PWL14-27PEM 8. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work Is not a statewide concern. Payment of prevailing wages Is at Contractor's discretion. 9. City Contact: Bob Richard. Bob Richardson. 760-434-2944 Contractor Contact: Kristen and Andy Moffat. 760-734-4888 - khsten@aceralnqutters.com CONTRACTOR ACE RAIN SYSTEMS, INC., a California corporation 175 Bosstick Blvd. #107 San Marcos, CA 92069 760-734-4888 kristen@aceraingutters.com CITY OF CARLSBAD, a municipal corporation of the State of California (print name/title) (slqn here) (sign hefe) (print name/title) /7^/-7 as authohzed by the City Manager Jim Howell (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the offlcer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Mat Assistant City Attorne^ HEAD START BUILDING RAIN GUTTER PROJECT .. 2 --City Attorney Approved 6/18/13 State of California County of CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On _ before me, I (here insert name ana trtle of the officer) [ personally appeared /^^f/^J l^pfflTlTt^ who proved to me on the basis of satisfactory evidence to be the person^ whose name(^is/ap4 subscribed to the within instrument and acknowledged to me that he/^e/tl^y executed the same in h\s/h^/t[/e\r authorized capacity(i^, and that by his/lj{er/tl\iir signature(^ on the instrument the person^, or the entity upon behalf of which the person(i) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature fcu^A_J JANEAN R. HAWNEY [ COMM. #1994825 I NotMy PubUc •Califomia g San Diago Counhf MyCoinm.E](pirBsOct21,2016f ^ • • • ' • ^ OPTIONAL INFORMATION Although the information In this section is not required by law. It could prevent fraudulent removal and reattachment ofthis acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: n Individuai(s) n Attorney-in-Fact [J Corporate Officer(s) Title(s) O Guardian/Conservator [D Partner - Limited/General CJ Trustee(s) • Other: representing: NameCs) of Person[s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page* Entry* Notary contact: Other I I Additional Signer(s) Q Signer(s) Thumbprint(s) • >9tN5ainMow^3viN3i^')a3iMotj>im(45iN')G3iMON>ii»iN3i"iM3nMON<wiNjwyo5nMONii3nM3wM3nwONawirjjw^ojiw^ ) Copyright 2007-2012 Notary Rotary, Inc. PO Box 41400, Des Moines, lA 50311-0507. All Rights Reserved. Part Number 101772, Please contact your Authorized Reseller to purchase copies ofthis form. State of California County of CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On vTuijq \M,Pn\4 before me, ^Jr^fjTi ^ \^/\A_^^£sJ A^WJ \^\C^ (here insert name and title af me offlcer) I personally appeared "^d^ ffl/Z/lyVi who proved to me on the basis of satisfactory evidence to be the person^ whose name(^ is/a^ subscribed to the within instrument and acknowledged to me that he/^e/tl)4y executed the same in his/l^r/tl>^r authorized capacity(i^), and that by his/h/r/th^r signature(^on the Instrument the person(^, or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature X/XYL^LA^K^ JANEAN R. HANNEY [ COMM. #1994825 I Notaiy Public •Califomia | San Diego Counhf t - t Oct 21,2016 [ ly^Owiwt Expires Oct i (Seal) OPTIONAL INFORMATION Although the Information In this section Is not required by law, It could prevent fraudulent removal and reattachment ofthis acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acl<nowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: n Individual(s) [J Attorney-in-Fact d Corporate Officer(s) Title(s) 0 Guardian/Conservator • Partner-Limited/General 1 I Trustee(s) • Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: l—O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page* Entry* Notary contact: Other I I Additional Signer(s) Q Signer(s) Thumbprint(5) • lMOWm^^3^N9Q^^WO^^>l3tfW3WTO3^W•NamN3^^g0^1MO^I^:lVlN3L^'>•3^MONilWlN3m•3^MON!l3VlN3^'jSa^^MON>IDVlN3WD03^MO^I>D 3 Copyright 2007-2012 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Part Number 101 772. Please contact your Authorized Reseller to purchase copies of this form. CA License #958822 PnomOOML Mil Ace Rain Systems, Inc. Map: Insured RAIN WATER HARVESTING 175 Bosstldt Blvd. »107 • San Marcos, CA 02069 • Fax (760) 471-0125 • www.Bo0ralnBystem8.oom * f\n-y A (760)734-4868 . , pCOnl'S ' \ddress: 53 Name; _ Job Address: Billing Address: Dale:. Clly: _ zip:_3aZ2Q2 5 Work: Rw: _ Gutter Color: ^J<335iC. Cri?6nn Downspout Color: ^ |QS5J^ ^ nfQ./y^ Installed Date: Indicates Rain Gutter • Indicates Downspout Location ^ 3X1^^ QUI IIH FT. ( J QUTTCTWVLB 5"(< JSS!>H!IJeBl!L. JBfiETVS- DOWN •POUT FT. IN: OUT: 333 In airier to nwMiln wamuilK new gutlen nwal lw dMiMd and in^^ Omtk i_ vn • NO tbr MilMMwnca Plan Priea hUltalt Dale wummmnmunMnHXKTjmiaFoaimJBnoH Ml of the allow wulc to be eecnpMe In • wbsianlU and wmlaiwillhB ma^ AOOVTANM OF PftOKWAL: The above prtoea, specMoallanB wid Ri^^ Inc. la •ulhortZBd to do th« work sa ipscHM. If Conlraotor has nol bMn ptid In M ilttr oomphtlon of wwk, Ownar wta pay Contr«otw 1.5% p«r moo» of ttw wiptid eeoruwi batanoeaaalaledwigs. Vtu aa a cuatamer luM thnw (3) d«^ to wtilah to cancel tiia oonireat betom tH antonxmant Undaj nodroumataiioawlll AoaHalnSyttama, Inc. be re«pw8» tor water laaMnobehW ttie gutter. A 8% lie w« be added to a»cied^^ 5(^V\^\<.'^ ^W^O^icT ACCEPTED BY:. AUTHORIZED AQENT. SKaiMTURE DATE Check a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 958822 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware ofthe following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. •# Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. -# Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Bonding 958822 Extract Date 6/30/2014 ACE RAIN SYSTEMS INC Business Phone Number: (760) 734-48881<? 175 BOSSTICK BLVD #107 SAN MARCOS, CA 92069 Corporation 03/15/2011 03/31/2015 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION D24 METAL PRODUCTS CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COIVIPANY. Bond Number: 100155973 Bond Amount: $12,500 Effective Date: 03/02/2011 BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) MOFFAT ANDREW GEORGE certified that he/she owns 10 percent or more ofthe voting https://www2.cslb.ca.gov/OnlineServices/CheckLicensell/LicenseDe... 6/30/2014 Ciieck a License - License Detail - Contractors State License Board Page 2 of 2 stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 03/15/2011 WORKERS' COMPENSATION This license is exempt from having workers compensation insurance; they certified that they have no employees at this time. Workers' Compensation Effective Date: 01/06/2014 Expire Date: None Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use | Privacv Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/0nlineServices/ClieckLicensell/LicenseDe... 6/30/2014